Today we will be interested in working out on a trial period upon dismissal. Both employers and potential subordinates need to know about this nuance. After all, a trial period takes place in many companies. This is a special period of time, which is characterized by some nuances in the termination of employment. So what does everyone need to remember? Is it possible not to work out? And if so, how exactly can this be done? Further we will try to give answers to all these questions. With proper preparation, the subject under study will not cause any particular trouble. Everything will be extremely simple and clear.
The probationary period is ...
First, find out what will be discussed in principle. Let's start with the trial period. This is an extremely important point.
The probationary period is the period before the main conclusion of the employment contract. At this time, the employer can familiarize himself with the skills of the new employee, and the potential subordinate gets acquainted with the team, and also assesses his strength and desire to continue to work with the corporation.
The probationary period is the right of the employer, not the obligation. Therefore, in some companies there is a lack of such verification. In addition, according to the laws of the Russian Federation, not everyone can be “checked” before basic employment. For example, mothers with young children, minors and pregnant women are exempted from tests during employment.
Training is ...
Does working out during the probationary period upon dismissal take place? Or will a person not have to deal with this feature?
In order to correctly answer such questions, it is worth understanding what exactly is being discussed. What is called mining?
This is the period from the moment the application for dismissal is submitted until the relevant order comes into force. It helps a person to earn money before leaving, think carefully about the solution and find a new place of employment without interruption.
For employers, the period of work is the time allotted for the preparation of documents of the dismissed and for the search for a new subordinate. According to the Labor Code of the Russian Federation, mining is almost always mandatory. There are a number of cases when they release her. And a few recommendations that help to legally evade such responsibility. But what about working out during a probationary period upon dismissal?
To be or not to be
This topic is very controversial. After all, the answer to a previously asked question will depend on the circumstances.
When dismissed on a trial period need to work out? Ideally, yes, but with certain reservations. Workout when leaving work is almost always mandatory. Depending on the situation, only its duration changes.
Accordingly, the bulk of subordinates, even when leaving work during the test, will have to work out the required time.
Mining duration
What does the Labor Code say about this? Working out on a trial period, as we have already found out, takes place. The difference is that it will be much shorter than in the usual case.
When leaving work, the subordinate works out for 14 days. But this rule does not apply to "entrance tests." What is the working time for dismissal during a trial period?
She is only 3 days. The countdown starts after you apply for resignation.After that, a person will be able to quit without any problems.
Lack of mining
But this is only one option. As we have said, sometimes subordinates do not need to work out this or that time.
The legislation of the Russian Federation does not indicate any specific situations in which a person can be freed from working out on a trial period. But there is one legislative fact, which has not yet been said.
This is a situation in which the termination of employment is carried out after the end of the test. Suppose that a citizen successfully coped with the study period, after which the employer decided to get rid of the subordinate. Under such circumstances, mining does not take place. No one can demand it.
Important: if the dismissal is carried out on a trial period at the initiative of the employee, mining will be present. The exception is the situation with leaving the company on the day the tests are completed before the main employment. This practice is more and more common.
Old man
The possibility of dismissal on a trial period without practicing in real life occurs. But you can use it only in certain circumstances.
Special attention should be paid to older workers. If they are on probation, mining can be quickly avoided. But such a right is valid only once.
The thing is that according to the Labor Code of the Russian Federation, citizens can quit on the day they apply to the employer with a corresponding request without working out when they retire. This implies only the first registration of pensioner status.
Hospital
Did a citizen apply for termination of probation? Can he somehow legally avoid mining? Yes, but it can be very problematic.
The thing is that in real life, employees use sick leave to exempt from working out. That is, a person first leaves to "get sick", and then writes a letter of resignation.
In the case of a trial period, it is problematic to implement such a technique. Especially if the new shot decided to leave the company pretty quickly. You can try, but you should not particularly count on this technique.
Leave and practice
Dismissal on probation at the initiative of the employee is a fairly common practice. But with this procedure you need to familiarize yourself in more detail. It has a number of features worthy of attention.
For example, regarding the time worked after filing an application for leaving work. As has already been emphasized, the applicant will have to wait some time after the adoption of the relevant decision. And only after 3 days (in our case) will the order for dismissal be issued.
Avoiding working off the law is suggested by going on vacation. Typically, this is the case with respect to regular employment. The subordinate first goes on vacation (for example, at his own expense), and then submits an application for termination of the employment relationship.
Thus, there will be no mandatory mining. This means that a person will be able to free himself from unnecessary cooperation with a negligent employer and an unsuitable position.
Myths from employers
The practice of dismissal during a probationary period in real life is subject to myths and inventions by employers. Indeed, in Russia, few people know about their rights in the workplace. And all issues related to termination of employment should be addressed by potential superiors. People rely on the integrity of employers.
However, not everyone acts by law. Some employers assure their subordinates that even when leaving work during the test, they will have to work at least 14 days.
Someone goes the other way. Some companies claim that an employee, even during the trial period, must first finish all work that has been started and also wait for a replacement.Otherwise, leaving work will not work.
More "bold" employers even assure that the potential employee does not have the right to dismiss until the end of the test. And after the end of the trial period will have to work out 2 weeks.
All these are myths. The listed legends contradict the current legislation. Therefore, each employee must be aware of their rights. They must be defended by all means.
By work or calendar
Working out on a trial period upon dismissal is mandatory. There is one more point that has not yet been said. It is about which days will be taken into account when working out - calendar or working? A lot will change depending on the answer to this question.
According to the law, a person fulfills calendar days. That is, if a dismissed citizen during the probationary period has a day off during the period of potential working out, he will "be set off." This means that in fact the employee can work out much less. The answer to a similar question is decided individually.
How to quit testing
A few words about how citizens can quit while on probation. In reality, this period lasts from 1 to 3 months. Therefore, each employee should be well aware of their labor rights.
Dismissal during a probationary period of a citizen is carried out according to the same rules as during normal work. The difference is that the subordinate must inform about his decision no later than 3 days before the proposed departure.
The rest of the procedure remains the same - the applicant submits a letter of resignation, gets acquainted with the order to terminate the relationship, works out the required time, and then takes the documents from the employer and leaves the company. For workers, the described operation is a minimum of trouble.
Important: dismissal at the initiative of the employer is also carried out according to general principles.
Agreement of the parties
In exceptional cases, citizens can leave work even during the probationary period by agreement of the parties. Under such circumstances, mining may not be. This moment is stipulated in the corresponding contract.
It follows that it is far from always necessary to work out. Citizens have the right to legal exemption from such an operation. The main thing is to know how to behave properly.
Summary
We got acquainted with the basic rules for working out during dismissal on a trial period. Everything is not as difficult as it seems.
In any case, from now on, citizens know how to behave. No one has the right to force long-term mining. But it seems possible to free oneself from it by law.